The proposed bill will reduce the marriage age for girls
If enacted, the bill would allow girls as young as nine and boys as young as 15 to marry. This change has raised concerns about increased child marriage and exploitation. Critics argue that it would reverse progress in women’s rights and gender equality.
Human rights organizations, women’s groups, and civil society activists have strongly opposed the bill. They warn it would negatively impact young girls’ education, health, and well-being, leading to higher dropout rates, early pregnancies, and increased domestic violence. UNICEF reports that 28 percent of girls in Iraq are already married before 18.
“Passing this law would show a country moving backward, not forwards,” said Sarah Sanbar, a researcher at Human Rights Watch.
Propose Changes in Iraq Marriage Bill
The bill proposes allowing citizens to choose between religious authorities or civil judiciary for family matters. Critics fear this could erode rights related to inheritance, divorce, and child custody. The bill’s proponents argue it would standardize Islamic law and protect young girls from “immoral relationships,” but opponents believe this justification is flawed.
In late July, the parliament withdrew the proposed changes due to objections from many lawmakers. However, the bill reappeared in an August 4 session after gaining support from influential Shia blocs.The draft bill stipulates that couples must choose between the Sunni or Shia sect for “all matters of personal status.”It specifies that in the event of a dispute between spouses about the doctrine under which their marriage contract was made, the contract will be considered valid under the husband’s doctrine unless proven otherwise.
The proposed change would allow the Shiite and Sunni endowments to officiate marriages instead of the courts.
Additionally, the draft bill mandates that Shia and Sunni endowments present a “code of legal rulings” to the Iraqi Parliament within six months of the amendments being ratified.
Historical Context
The proposed amendment would reverse changes made by the 1959 legislation, which transferred family law authority from religious figures to the state judiciary. The new bill would reintroduce the option for applying religious rules, mainly from Shia and Sunni Islam, but does not address other religious or sectarian communities in Iraq.
